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HILLER v. COUNTY OF ANOKA

No. C1-94-2172.

529 N.W.2d 426 (1995)

Walter and Phyllis HILLER, Petitioners, Appellants, v. COUNTY OF ANOKA, City of St. Francis, Respondents.

Court of Appeals of Minnesota.

March 28, 1995.

Attorney(s) appearing for the Case

Bradley J. Gunn, Marc D. Simpson, Leonard, Street and Deinard, P.A., Minneapolis, for appellants.

Robert M.A. Johnson, Anoka County Atty., Daniel A. Klint, Asst. County Atty., Anoka, for respondent County of Anoka.

Gregg V. Herrick, Barna, Guzy & Steffen, Ltd., Minneapolis, for respondent City of St. Francis.

Considered and decided by DAVIES, P.J., RANDALL and MULALLY, JJ.

OPINION

DAVIES, Judge.

Appellants challenge summary judgment for county in a mandamus action to compel county to condemn property. We affirm.

FACTS

The facts are undisputed. In 1917, the Town of St. Francis was deeded a strip of land for a road. The Rum River North Regional Park was later established to the north of the strip. Private property lay to the south. In 1972 appellants Walter and Phyllis Hiller purchased the private property...

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